Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1887-04-15
RIDDLEBEUGER RAMPANT.
THE SENIOR SENATOR CRITICISES
JUDGE BOND SHARPLY.


The alleged usurpation Of Judge
Bond in overriding the action OF
the State authorities and releas-
ing, by writ of hdbeaS corpus, WIN.
L. Royal, Esq., has Occasioned
some excitement in political circles
here.
Senator RIddleberger, who has
been in the city for a week or more,
has been awaiting, with a good
deal of ferveat solicitude, the de-
cision of Jude Bond in the case.
To a Wing reporter he said to.
day, after carefully reading the full
text of the decision:
l regard it as the most fragrant,
violent, and wicked usurpation OF
power Known to this country, or
even to that of England, within the
last half century.
In the first place, Judge BOND
had no power or authority to issue
the writ OF hGbeGS corpus, which
took VIM. l.. Royal from the Gus.
tody Of the State authorities and
placed hm in that of the United
States Marshall. The writ OF hd-
bedS corpus does not run from the
United States courts TO those OF
the State in such cases, nor r'ce
CeTsd.
The issuance of this writ was
Bonds first usurpation, and IN my
opinion, the Judge of the Hustlng
Court Of Richmond should have
had Royal rearrested and recon
fined, and thus the Issue could then
have have been made nps--8dU'
possibly this hGJeGS corpus writ
was mistakenly considered by the
State authorities as preliminary
only, that Judge Bond might have
time, as he asked, to consider the
question of jurisdiction. Those
judges and lawyers who we're de-
ceived then have the decision nOp
before them.
I never doubted from the first
that Judge Bond would do lust
what he has done. Nor did /
doubt when he issued the writ OF
habeGs corpus that he had fully con-
cluded to 90 the very thing he has
done.
Mr.. Royal had an information
fled against him for intimidating
grand jurors of the State. For this
offence he was convicted and sen
fenced to pay fine of $50, in de-
fault of payment he was sent to jail
in strict conformity with law not
claimed to be unconstitutional.
Now, if a Federal Judge can take
him from that Jail by any process,
what is the value to the States or
to the citizen of the great bulwsrk
called Magma Chdrtd, or the COnsti-
tuition of the United States, or that
of the States, or the Judiciary act
of 1898. Why could not Bond just
as we'll have issued writ to bring
Cluverius before his court, and turn
him loose on the same theory that
be argues from in Royals case?
Such an usurpation by the Federal
Judiciary, if submitted to, obliter'
ates State lines entirely.
You asked me what remedy l
would apply! AS before stated, l
think State courts should make up
issues necessary in such cases.
But as the climax seems TO have
been reached and the capstone put
upon the pyramid of judicial folly
on one side, and usurpation on the
other, it remains for the Federal
Congress to enquire into and fully
investigate this action ofthe United
States Circuit Judge as preliminary
to his impeachment, unless by
memorial of few or many citizens
of the State, the House Of Repre-
sentatiyes shall prefer such articles
without such enquiry or investiga-
ton. For my part, / shall devote
the remaining two years OF my SEN
atorial term to procuring a conclu-
sion from the Federal Congress on
the serious question involved IN
this infamous outrage, as conceive
| it to be, against the States to indict,
try and punish yiolators Of their
criminal laws, without let or hin
drance. If there we're a constltu'
tional or other question embraced,
ROYALS appeal was to his State
Court of Appeals, and if any be.
yond that, to the Supreme Court
OF the United States. That you
may know how l feel about this
matter, were the judge before
whom he was convicted and by
whom sentenced, l should order
his re.arrest and send him back to
Jail until that fine was paid, deal
ling with him as any other escaped
offender. Who but Mr.. Royal
ever heard of a grand jury being
Judges Of the constitutionallty OF a
| law
Question. But in such a con-
tingency as his recommltment,
might there not occur a physical
conflict between the State and
Federal powers
Answer. By no means. All
questions of dispute between those
powers which could be settled by
physical force have been accepta.
biz settled. This case involves on
" the question Of the right of a
State to indict, try, acquit, convict
or punish one Of its own citizens
for common law, or a statutory
offence. Mr.. Royal had a perfect
right to represent his clients (the
bondholders) IN every proper and
legal way, and the efforts now be-
ing made to distort this case into
one of persecution for his having
done so, will prove blank failure
when understood by the couOtry.
Mr.. Royal ignored his State
when he asked Bonds interposi'
ton. For small bail he could have
gone, as did Cluverius, to his State
Court of Appeals, if like the latter,
he had a suflicicncy of exceptions
and reasons to justify any one OF
the FIVE judges Of that court in
staying the proceedings against
him.
QUESTIONABLE your relations to
Royal friendly
Answer-So tar as I know { q.
have always been. / would II
dispsrage him If could. l ok
upon him simply as standing as an
| ;aa,,a hafuoon Eadoral an1 Sfata